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Volume III | Chapter 13

as the maximum TANF benefit level.

13000

MISSISSIPPI [HEARING PROCESS: GENERAL INFORMATION] Revised 03-01-12 REQUESTING A HEARING The applicant or recipient has the choice of either an agency conference or a state hearing to appeal any decision made on his case. The individual may bypass the agency conference and request a state hearing, or if he chooses to request an agency conference and is dissatisfied with the result, a state hearing may then be requested. The individual must make the request for a hearing in writing and sign the request. The claimant may be represented by any one he designates; however, he must give the designation in writing. The request for a hearing may be made by: 1. Checking in the space provided on any of the notification forms 2. Writing a letter indicating his request for a hearing 3. Completing form MDHS-EA-305, Request for a Hearing The individual may make the request orally, but this must be followed by a formal written request. The worker will assist the individual by explaining how to request a hearing, sending the form MDHS-EA-305 to the individual who does not wish to write a letter and lacks a notification form, or helping to fill out a request form when the individual comes to the office of the Department of Human Services and requests a hearing. The request for a hearing may be sent to the county office or to the Administrative Hearings Unit. The worker may give the individual an addressed envelope when the individual prefers to mail the request himself. TIME LIMIT FOR HEARING REQUEST Hearing Request as a Result of Change in Case An individual may request a hearing within 90 days following the expiration of the advance notice period when a change is made in his case. When the request for a hearing is made within 10 days of the date of the change notice, assistance must be continued with TANF benefits unreduced during the process unless the recipient specifically states he does not want benefits continued. If benefits are continued, the individual should be advised that if the hearing decision is not in his favor, he will be required to pay back any assistance for which he was not eligible. NOTE: Continuation of TANF benefits during the hearing process will not be granted if the TANF case is